Church women get murdered in South America just as they arrive to do missionary work.

1. FjtEIL~ShTEXT OF TELEGRAM 93STATE 292535
ADP556
PAGE 01
ORIGIN L-03
STATE 292535
RELEASED
Els I d H Riglle!
SP CIGI PT07CCI (1993)
INFO OCT-00 COPY-01 ADS-00 ARA-16 HA-06 JUSE-00 /028 R
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FM SECSTATE WASHDC
TO AMEMBASSY SAN SALVADOR IMMEDIATE
STATE 292535
E.O. 12356: DECL: OADR
TAGS: PGOV. ES
SUBJECT: CHURCHWOMEN'S CASE
FOL LOWING IS TEXT OF MEMORANDUM SENT TO JEFFREY H. SMITH,
ASSISTANT LEGAL ADVISER FROM JUDGE HARD LD R. TYLER, JR.
BEGIN TEXT:
SUBJECT: PROTECTION OF JURY
ED. HERE ARE SOME IDEAS ABOUT PROTECTING THEAS PROMISED.
UE INFLUENCE OR TAMPERING.JURY IN EL SALVADOR FROM UND
IS THE NEED FORTH E CRITICAL POINT ABOUT ALL THE IDEAS IS H
THE SALVADORAN AUTHORITIES TO THINK FIEXIBLY ABOUT
THEIR PROCEDURES TO ASSURE FAIRNESS. IN THISALTERING TH
R. THERE IS 4 LONG-STANDINGCOUNTRY, LIKE EL SALVADOR. TH
URY. NONETHELESS.TRADITION OF PUBLIC TRIAL BY A PUBLIC JURY.
T THIS COUNTRY HAVE RESPONDED INVENTIVELY TOCOURTS Ill
TY OF THE JURY SYSTEM BY DEVISINGTHREATS TO THE INTEGRITY 0
N LAW FOR PROTECTING THE JURY.
SALVADORAN COURTS SHOULD BE URGED TO DO
1. THE BEST IDEA FOR PROTECTING THE JURY REMAINS, WE
PAGE 02 STATE 292535
THE JURORS ANONYMITY. WHILE IT ISTHINK. GUARANTEEING TH
E PUBLICLY IDENTIFIEDGENERALLY DESIRABLE FOR LIURORS TO BE
AND TO TAKE RESPONSIBILITY FOR THEIR DECISIONS, "IF A
HIS FAMILY MAY BE SUBJECTED TOJUROR FEELS HE AND H 5
OF A DEFENDANTS OR HISVIOLENCE OR DEATH AT THE HANDS OF A
AS THE CONSTITUTION REOUIRES2" UNITED STATES V. BARN
604 F.2D 121, 140-41 (20 CIR. 1979).
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PAGE NO. 1

2. TEXT OF TELEGRAM 83STATE 292535
2. A RELATED IDEA, THAT CDULD BE USED ALONE OR IN
CONJUNCTION WITH AN ANONYMOUS JURY. IS SHIELDING THE
JURORS FROM PUBLIC VIEW. AS WE UNDERSTAND IT, THIS HAS
BEEN REGULARLY DONE IN ENGLAND IN ORDER TO PREVENT JURY
INTIMIDATION OR CORRUPTION. IT REQUIRES EITHER A
SCREEN OR A REARRANGEMENT OF THE COURTROOM SO THAT THE
JURORS' CHAIRS ARE NOT VISIBLE TO THE VIEWING PUBLIC.
3. IF THE ABOVE METHODS ARE NOT FEASIBLE, IT MAY BE
POSSIOLE IN THE SALVADORAN SYSTEM TO SELECT A JURY IN
ONE PROVINCE, SAY, ZACATECOLUCA, AND MOVE IT TO ANOTHER,
PREFERABLY SAN SALVADOR„ FOR TRIAL. THUS. ALTHOUGH THE
JURORS MAY BE IDENTIFIED PUBLICLY, THEY WOULD NONETHE"
LESS FEEL SOMEWI.IAT REMOTE FROM A THREAT TO THEMSELVES
AND THEIR FAMILIES WHEN THEY RETURNED TO THEIR HOME
PROVINCE.
4. IF THE JURORS CANNOT BE MDVFD TO THE TRIAL, THEY
MAY BE RELOCATED AFTER THE TRIAL. IF FUNDS WERE FOUND
EITHER IN THE UNITED STATES OR EL SALVADOR FOR SUCH A
PURPOSE, TRIAL JURORS COULD BE OFFERED RELOCTION IN
ANOTHER PART OF EL SALVAIXIR OR ANOTHER COUNTRY FOLLO'W-
ING THE VERDICT. THIS POSSIBII.TY POSES PROBLEMS. IT
SEEMS TO US THAT IT WOULD BE DIFFICULT TO FINO JURORS
',
M+IPAGE 03 STATE 292535
WHO WOULD AGREE TO A RELOCATION OF THEMSELVES AND THEIR
FAMILIES AS AN APPROPRIATE PRICE FOR JURY DUTY. MORE-
OVER, A JURY COMPOSED OF SUCH PERSONS MIGHT RAISE
SERIOUS QUESTIONS ABOUT THE REPRESENTATIVE NATURE OF
THE JURY.
RELEASED
El Salvador: Human Rights
Special Project (199')
577
5. ANOTHER POSSIBILITY IS PHYSICAL PROTECTION OF THE
JURORS. THE JURORS COULD BE PROMISED THAT THEY WILL BE
PROVIDED WITH SECURITY PERSONNEL FORAS LONG FOLLOWING
THEIR VERDICT AS SEEMS REASONABLE. ITIS UNCLEAR HOW
EFFECTIVE THIS WOULD BE ( INDEED, THE JURORS MAY WELL
FEAR THEIR "PROTECTORS" ) AND, FURTHER, I-lOW LONG SUCH
PROTECTION WOULD BE NECESSARY IN ORDER TO PROVIDE
'ADEQUATE SECURITY. NONETHELESS, IT MAY SOLVE THE
PSYCHOLOGICAL PROBLEMS THE JURY WOULD FACE IN VOTING
TO CONVICT.
6. A MORE TRADITIONAL, ALTHOUGH QUESTIONABLE, SOLUTION
TO THE PROBLEM IS JURY SEQUESTRATION. THE PROBLEM
WITH SEQUESTERING THE JURY, OF COURSE, IS THAT IT IS
EFFECTIVE ONLY DURING THE LIFE OF Tllf TRIAL. A JUROR
WHO KNOWS THAT HIS NAME AND ADDRESS ARE PUBLIC AND THAT,
AFTER THE TRIAL. HE WILL BE RETURNED TO THE COIMlUNITY
WITHOUT PROTECTION IS LIKELY TD FEEL THE SAME
INTIMIDATION AS A NON-SEQUESTERED JOROR. COMBINED WITH
PAGE NO. 2

3. eTEXT OF TELEGRAM 83STATE 292535
SOME OF THE OTHER METHODS MENTIONED ABOVE, HOWEVER,
THIS DEVICE MAY PROVE A USEFUL MEANS OF ASSURING THE
INTEGRITY OF THE TRIAL PROCESS.
AGAIN LET ME REITERATE THAT FLEX14ILITY IS THE CRITICAL
INGREDIENT TO DEVISING A MEANS FOR SUCCESSFUL PROTECTION
OF THE LJURY. UNFORTUNATELY, THIS IS A TRAIT THAT SEEMS
TO BE LACKING IN THE SALVAOORAN LAWYERS WHOM WE HAVE
MET. NDNETHELESS„ I AM CONFIDENT THAT A CREATIVE
LAWYER CAN DEAL WITH EVEN THE RIGIDITIES OF THE
RELEASED
'
El Salvador: Human Rights
Special Prolect 0993)
577
PAGE 04 STATE 292535
SALVADORAN CODE TO DEVELOP A VIABLE APPROACH TO
PROTECTING THE UURY IN THIS CASE. THIS IS, IN OUR
VIEW, ABSOLUTELY CRITICAL. THE EVIDENCE OF GUILT IS
SUBSTANTIAL AND SHOULD BE ABLY PRESENTED BY DR. CASTILLO.
WE BELIEVE THAT THE MOST IMPORTANT REMAINING STEP TO A
SUCCESSFUL PROSECUTION IS SECURING THE ABILITY QF THE
UURORS TO VOTE THEIR CDNSCIENCES, AND NOT THEIR FEARS.
SHULTZ
NNN
PAGE NO. 3